Section 52 BNSS: Examination of person accused of rape by medical practitioner
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 52 BNSS at a Glance
Section 52 BNSS deals with examination of person accused of rape by medical practitioner. It replaced Section 53A CrPC on 1 July 2024.
Section 52 BNSS Bare Act Text
(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
(5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.
Source: Section 52, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 52 BNSS in Simple Words
Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the examination of a person accused of rape by a medical practitioner. It applies when a person is arrested on a charge of rape or an attempt to commit rape. There must be reasonable grounds for believing that examining the arrested person will afford evidence of that offence. In that case a registered medical practitioner employed in a hospital run by the Government or by a local authority may make the examination. If there is no such practitioner within the radius of sixteen kilometres from the place where the offence has been committed, any other registered medical practitioner may make it. The practitioner acts at the request of any police officer.
Any person acting in good faith in aid of the practitioner, and under the practitioner's direction, may also make the examination. The practitioner and that person may use such force as is reasonably necessary for that purpose. Under Section 52(2) BNSS, the practitioner conducting the examination shall, without any delay, examine the person and prepare a report of the examination. The report shall give the name and address of the accused and of the person by whom the accused was brought. It shall also give the age of the accused and marks of injury, if any, on the person of the accused. It shall also give the description of material taken from the person of the accused for DNA profiling, and other material particulars in reasonable detail.
Under Section 52(3) BNSS, the report shall state precisely the reasons for each conclusion arrived at. Under Section 52(4) BNSS, the exact time of commencement and completion of the examination shall also be noted in the report. Under Section 52(5) BNSS, the practitioner shall, without any delay, forward the report to the investigating officer. The investigating officer shall forward it to the Magistrate referred to in section 193 of the Sanhita, as part of the documents referred to in section 193(6)(a) of the Sanhita.
When Section 52 BNSS Applies
- Section 52(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested on a charge of committing an offence of rape or an attempt to commit rape, where there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence.
- Under Section 52(1) BNSS, the examination may be made by a registered medical practitioner employed in a hospital run by the Government or by a local authority and, in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer.
- Under Section 52(1) BNSS, it shall be lawful for the registered medical practitioner, and for any person acting in good faith in the aid of the registered medical practitioner and under the direction of the registered medical practitioner, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
- Under Section 52(2) BNSS, the report gives the name and address of the accused and of the person by whom the accused was brought, the age of the accused, marks of injury, if any, on the person of the accused, the description of material taken from the person of the accused for DNA profiling, and other material particulars in reasonable detail. Under Section 52(3) BNSS and Section 52(4) BNSS, the report shall state precisely the reasons for each conclusion arrived at, and the exact time of commencement and completion of the examination shall also be noted in the report.
- Under Section 52(5) BNSS, the investigating officer shall forward the report to the Magistrate referred to in section 193 as part of the documents referred to in Section 193(6)(a) BNSS.
Time Limits Under Section 52 BNSS
- Under Section 52(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of the examination.Act text: “The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination”
- Under Section 52(5) BNSS, the registered medical practitioner shall, without any delay, forward the report to the investigating officer.Act text: “The registered medical practitioner shall, without any delay, forward the report to the investigating officer”
Example of Section 52 BNSS
When Section 52 BNSS Does Not Apply
- Section 52(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested on a charge of committing an offence of rape or an attempt to commit rape. It does not deal with a person arrested on a charge of any other offence.
- Section 52(1) BNSS speaks of a case where there are reasonable grounds for believing that an examination of the person arrested will afford evidence as to the commission of such offence. It does not deal with a case where there are no such reasonable grounds.
- Section 52(1) BNSS speaks of any other registered medical practitioner only in the absence of a practitioner employed in a hospital run by the Government or by a local authority within the radius of sixteen kilometres from the place where the offence has been committed. It does not deal with any other registered medical practitioner making the examination where such a practitioner is present within that radius.
- Section 52(1) BNSS speaks of a registered medical practitioner acting at the request of any police officer. It does not deal with an examination made without a request from a police officer.
Section 52 BNSS in the CrPC (Previous Law)
Section 52 BNSS replaced Section 53A CrPC from 1 July 2024.
Section 53A of the Code of Criminal Procedure, 1973 became Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 52(1) BNSS reads acting at the request of any police officer where Section 53A(1) CrPC read acting at the request of a police officer not below the rank of a sub-inspector. Section 52(2) BNSS and Section 52(5) BNSS read without any delay where Section 53A CrPC read without delay. Section 52(5) BNSS refers to Section 193(6)(a) BNSS where Section 53A(5) CrPC referred to Section 173(5)(a) CrPC, which is found in that provision of the Sanhita. The rest of the text is the same.
Each sub-section below names its own source.
FAQs on Section 52 BNSS
Who may request a medical examination of a person arrested for rape under Section 52 BNSS?▼
Under Section 52(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner acts at the request of any police officer. The examination may be made when a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence.
Which registered medical practitioner may examine a person arrested for rape under Section 52 BNSS?▼
Under Section 52(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the examination may be made by a registered medical practitioner employed in a hospital run by the Government or by a local authority. In the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, it may be made by any other registered medical practitioner.
What is done with the report under Section 52 BNSS?▼
Under Section 52(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in Section 193(6)(a) BNSS.
What changed from Section 53A CrPC to Section 52 BNSS from 1 July 2024?▼
From 1 July 2024, Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 53A of the Code of Criminal Procedure, 1973. Section 52(1) BNSS reads acting at the request of any police officer where Section 53A(1) CrPC read acting at the request of a police officer not below the rank of a sub-inspector. Section 52(2) BNSS and Section 52(5) BNSS read without any delay where Section 53A CrPC read without delay. Section 52(5) BNSS refers to section 193 and Section 193(6)(a) BNSS where Section 53A(5) CrPC referred to section 173 and Section 173(5)(a) CrPC, which are found in those provisions of the Sanhita.
Section 52 BNSS: Sub-sections Explained
Section 52(1) BNSS: Examination of person accused of rape by medical practitioner
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Bare Act Text
(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
Section 52(2) BNSS: Examination of person accused of rape by medical practitioner
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Bare Act Text
(2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA profiling; and
(v) other material particulars in reasonable detail.
Section 52(3) BNSS: Examination of person accused of rape by medical practitioner
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Bare Act Text
(3) The report shall state precisely the reasons for each conclusion arrived at.
Section 52(4) BNSS: Examination of person accused of rape by medical practitioner
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Bare Act Text
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
Section 52(5) BNSS: Examination of person accused of rape by medical practitioner
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Bare Act Text
(5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·